As part of the continuing review of and adjustment to the City of Norwalk, Connecticut Zoning Regulations, a variety of proposed revisions will be discussed at the City of Norwalk Planning & Zoning Commission (“Commission”) public hearing on November 19, 2025.
One of the more significant changes will be the elimination of the “merger clause” for nonconforming lots. Currently, the regulations state that if two or more lots are in common ownership and one or more of the lots is nonconforming, the lots are deemed merged by operation of the zoning regulations. To separate the lots into valid building lots, a property owner is required to submit a special exception application to the Zoning Board of Appeals (“ZBA”) and demonstrate at a public hearing that there was never an intent to merge the lots. Since most special exception applications are granted by the ZBA, the proposed regulation would eliminate the merger provision in its entirety and allow nonconforming abutting properties under common ownership to remain as separate building lots without the need for ZBA review and approval.
The Commission will consider other amendments at the public hearing including modifications to exterior materials in the SD-LI and CD-3W zones among others, revise the regulations relating to artist workspaces and address the permitted distance of encroachment for eaves, gutters and downspouts. Additional refinements under consideration are to make sports fields prohibited as principal uses except in the CV zone by special permit with limitations and allow them as accessory uses by special permit with limitations for certain specified principal uses and include language on lighting and audio systems for sports fields. In addition, the Commission will consider language specifying that pools, hot tubs, spas, and above-ground heating, air conditioning, propane and oil tanks and generators are accessory uses. Further revisions to the regulations relating to driveways, walls and fencing and other topics will also be considered at the hearing.
Following months of public discourse, the Commission adopted the new zoning map and regulations in December 2023, marking the first, comprehensive city-wide zoning rewrite in 40 years. The regulations became effective in February 2024. The zoning staff and Commission continue to review the regulations to address inconsistencies, conflicts and issues as they emerge.
The Real Estate practice group at Carmody Torrance Sandak & Hennessey continues to monitor this matter. For more information, please contact Carmody’s Zoning and Land Use lawyers:
Liz Suchy
Partner
203.252.2656
[email protected]
This information is for educational purposes only, to provide general information and a general understanding of the law. It does not constitute legal advice and does not establish any attorney-client relationship.